The UK is set to ratify the unitary patent and concurrent Unified Patent Court, the UK’s IP minister confirmed today. Baroness Lucy Neville-Rolfe outlined the UK’s position in a statement to the EU Council’s Competitiveness Commission today.
Speculation about the UK’s involvement in the scheme had been building since the UK voted to leave the EU.
As it stands, the UK is due to host a branch of the central division of the court in Aldgate Tower, on the edge of the City. It will be the first arm of the Court of Justice of the EU to be based on UK soil.
Before the unitary patent and UPC can come into force 13 countries will have to ratify the agreement. Of those 13, France, Germany and the UK, which had the highest number of European patents in effect when the agreement was finalised in 2012, are mandatory.
France, as well as 10 other countries, have ratified the agreement meaning the UK’s and Germany’s ratification would allows it to enter into force.
The court at Aldgate Tower is due to host the ‘human necessities’ division which will include disputes related to pharmaceuticals and medical devices but the UK will also be responsible for managing the IT provisions of the court.
Until now, the UK Intellectual Property Office has declined to comment on matters related to the patent system and court, and has previously said that the UK remains a contracting member state and will continue to attend and participate in meetings.
Neville-Rolfe said: ‘The new system will provide an option for businesses that need to protect their inventions across Europe. The UK has been working with partners in Europe to develop this option.
‘As the prime minister has said, for as long as we are members of the EU, the UK will continue to play a full and active role. We will seek the best deal possible as we negotiate a new agreement with the EU.
‘We want that deal to reflect the kind of mature, cooperative relationship that close friends and allies enjoy. We want it to involve free trade, in goods and services. We want it to give British companies the maximum freedom to trade with and operate in the single market – and let European businesses do the same in the UK.’
UK expected to ratify unitary patent
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